83_FR_57020 83 FR 56800 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 56800 - Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56800-56802
FR Document2018-24801

The Department of Commerce (Commerce) preliminarily determines that sales of carbon and certain alloy steel wire rod (wire rod) from Mexico were made at less than normal value during the period of review (POR), October 1, 2016, through September 30, 2017. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56800-56802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of carbon and certain alloy steel wire rod (wire rod) from 
Mexico were made at less than normal value during the period of review 
(POR), October 1, 2016, through September 30, 2017. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-8362.

Background

    On October 29, 2002 Commerce published the Wire Rod Order in the 
Federal Register.\1\ On December 7, 2017, pursuant to section 751(a)(1) 
of the Tariff Act of 1930, as amended (the Act), Commerce initiated an 
administrative review of the Wire Rod Order \2\ covering Deacero 
S.A.P.I. de C.V. (Deacero), ArcelorMittal Las Truchas, S.A. de C.V. 
(AMLT), ArcelorMittal Mexico S.A. de C.V. (AMM) (successor-in-interest 
to AMLT),\3\ and Ternium Mexico S.A. de C.V. (Ternium). On May 31, 
2018, Commerce extended the deadline for the preliminary results to 
November 5, 2018.\4\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \1\ See Notice of Antidumping Duty Orders: Carbon and Certain 
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) 
(Wire Rod Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705, 57707 (December 7, 2017).
    \3\ See Final Results of Changed Circumstances Review: 
Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod 
from Mexico, 82 FR 53456 (November 16, 2017) (Final Results of 
Changed Circumstances Review), in which Commerce determined that AMM 
is the successor-in-interest to AMLT.
    \4\ See Memorandum, ``Carbon and Certain Alloy Steel Wire Rod 
from Mexico: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated May 31, 2018.
    \5\ See ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Carbon and Certain Alloy 
Steel Wire Rod from Mexico; 2016-2017,'' dated concurrently and 
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Wire Rod Order is wire rod, in coils, of 
approximately round cross section, 5.00 mm or more, but less than 19.00 
mm, in solid cross-sectional diameter. The subject merchandise is 
currently classifiable under the Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 7213.91.3000, 7213.91.3010, 
7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 
7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 
7213.99.0038, 7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 
7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 
7227.90.6020, 7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 
7227.90.6053, 7227.90.6058, 7227.90.6059, 7227.90.6080, and 
7227.90.6085. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description remains 
dispositive. A full description

[[Page 56801]]

of the scope of the Wire Rod Order is contained in the Preliminary 
Decision Memorandum.

Preliminary Determination of No Shipments

    On December 12, 2017, we received a timely-filed submission on 
behalf of AMM and its predecessor-in-interest AMLT that AMM/AMLT made 
no exports, sales, or entries of subject merchandise to the United 
States during the POR. To confirm AMM's no shipment claim, Commerce 
issued a no-shipment inquiry to U.S. Customs and Border Protection 
(CBP) requesting that it confirm AMM/AMLT had no shipments during the 
POR. CBP did not report that it had any information to contradict the 
claim of no shipments during the POR.
    Given that AMM certified that AMM/AMLT made no shipments of subject 
merchandise to the United States during the POR, and there is no 
information calling its claims into question, we preliminarily 
determine that AMM/AMLT did not have any shipments during the POR. 
Consistent with Commerce's practice, we will not rescind the review 
with respect to AMM/AMLT but, rather, will complete the review and 
issue instructions to CBP based on the final results.\6\
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    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR, at 
51306-51307 (August 28, 2014).
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Application of Adverse Facts Available With Regard to Ternium

    Because Ternium failed to response to Commerce's questionnaire, we 
preliminarily find that necessary information is not on the record and 
that Ternium failed to cooperate to the best of its ability to comply 
with a request for information from Commerce in this review. As a 
result, we have preliminarily based Ternium's dumping margin on facts 
otherwise available with an adverse inference (AFA), in accordance with 
sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we have 
preliminarily assigned Ternium a dumping margin of 40.52 percent. For 
further discussion, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export and constructed export price were 
calculated in accordance with section 772 of the Act. Normal value was 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of topics discussed in the 
Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Deacero S.A.P.I de C.V......................................       17.65
Ternium Mexico S.A. de C.V (Ternium)........................       40.52
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If the weighted-average dumping margin for Deacero is 
not zero or de minimis (i.e., less than 0.5 percent), we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\7\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer- specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.5 percent). Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, or an importer-specific assessment rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. The final results of this review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review where 
applicable.
---------------------------------------------------------------------------

    \7\ In the preliminary results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101 (February 14, 2012).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate of 20.11 percent \8\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.
---------------------------------------------------------------------------

    \8\ See Wire Rod Order, 67 FR at 65947.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of wire rod from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results, as provided by section 751(a)(2) of the Act: (1) The 
cash deposit rate for the firms listed above will be equal to the 
dumping margins established in the final results of this review, except 
if the ultimate rates are de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates will be zero; (2) 
for merchandise exported by producers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the producer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original less-
than-fair-value investigation but the producer is, the cash deposit 
rate will be the rate established for the most recently completed 
segment of the proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other

[[Page 56802]]

producers or exporters will continue to be 20.11 percent, the all-
others rate established in the antidumping duty investigation.\9\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\12\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the established deadline.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Use of Adverse Facts Available
    A. Legal Standard for Facts Available and Adverse Inferences
    B. Application of Total AFA to Ternium
    C. Selection of the AFA Margin Assigned to Ternium
VI. Discussion of the Methodology
    A. Comparisons to Normal Value
    B. Product Comparisons
    C. Date of Sale
    D. Constructed Export Price
    E. Normal Value
    F. Level of Trade
    G. Sales to Affiliated Parties
    H. Calculation of Normal Value Based on Comparison Market Prices
    I. Currency Conversion
VII. Recommendation

[FR Doc. 2018-24801 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



     56800                   Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

       —Discuss Possible Topics for Civil                    ingredient; caffeine; and, bulk mixture               2017, pursuant to section 751(a)(1) of
          Rights Project                                     of acetaminophen (duty rates range from               the Tariff Act of 1930, as amended (the
     IV. Other Business                                      duty-free to 6.5%).                                   Act), Commerce initiated an
     V. Adjourn                                                 Public comment is invited from                     administrative review of the Wire Rod
       Dated: November 7, 2018.                              interested parties. Submissions shall be              Order 2 covering Deacero S.A.P.I. de
     David Mussatt,                                          addressed to the Board’s Executive                    C.V. (Deacero), ArcelorMittal Las
                                                             Secretary at the address below. The                   Truchas, S.A. de C.V. (AMLT),
     Supervisory Chief, Regional Programs Unit.
                                                             closing period for their receipt is                   ArcelorMittal Mexico S.A. de C.V.
     [FR Doc. 2018–24752 Filed 11–13–18; 8:45 am]
                                                             December 24, 2018.                                    (AMM) (successor-in-interest to
     BILLING CODE P                                                                                                AMLT),3 and Ternium Mexico S.A. de
                                                                A copy of the notification will be
                                                             available for public inspection at the                C.V. (Ternium). On May 31, 2018,
                                                             Office of the Executive Secretary,                    Commerce extended the deadline for the
     DEPARTMENT OF COMMERCE                                  Foreign-Trade Zones Board, Room                       preliminary results to November 5,
                                                             21013, U.S. Department of Commerce,                   2018.4 For a complete description of the
     Foreign-Trade Zones Board                                                                                     events that followed the initiation of
                                                             1401 Constitution Avenue NW,
     [B–70–2018]                                             Washington, DC 20230–0002, and in the                 this review, see the Preliminary
                                                             ‘‘Reading Room’’ section of the Board’s               Decision Memorandum.5
     Foreign-Trade Zone (FTZ) 52—Suffolk                     website, which is accessible via
     County, New York; Notification of                                                                             Scope of the Order
                                                             www.trade.gov/ftz.
     Proposed Production Activity; LNK                          For further information, contact Diane               The product covered by the Wire Rod
     International, Inc. (Pharmaceutical                     Finver at Diane.Finver@trade.gov or                   Order is wire rod, in coils, of
     Products), Hauppauge, New York                          (202) 482–1367.                                       approximately round cross section, 5.00
                                                                                                                   mm or more, but less than 19.00 mm, in
       Suffolk County, New York, grantee of                    Dated: November 7, 2018.                            solid cross-sectional diameter. The
     FTZ 52, submitted a notification of                     Andrew McGilvray,                                     subject merchandise is currently
     proposed production activity to the FTZ                 Executive Secretary.                                  classifiable under the Harmonized Tariff
     Board on behalf of LNK International,                   [FR Doc. 2018–24797 Filed 11–13–18; 8:45 am]          Schedule of the United States (HTSUS)
     Inc. (LNK), located at sites in                         BILLING CODE 3510–DS–P                                subheadings: 7213.91.3000,
     Hauppauge, New York. The notification                                                                         7213.91.3010, 7213.91.3011,
     conforming to the requirements of the                                                                         7213.91.3015, 7213.91.3020,
     regulations of the FTZ Board (15 CFR                    DEPARTMENT OF COMMERCE                                7213.91.3090, 7213.91.3091,
     400.22) was received on November 5,                                                                           7213.91.3092, 7213.91.3093,
     2018.                                                   International Trade Administration                    7213.91.4500, 7213.91.4510,
       The LNK facilities are located within                                                                       7213.91.4590, 7213.91.6000,
                                                             [A–201–830]
     Subzone 52B. The facilities are used for                                                                      7213.91.6010, 7213.91.6090,
     the production of over-the-counter                      Carbon and Certain Alloy Steel Wire                   7213.99.0030, 7213.99.0031,
     (OTC) analgesic pharmaceutical                          Rod From Mexico: Preliminary Results                  7213.99.0038, 7213.99.0090,
     products. Pursuant to 15 CFR 400.14(b),                 of Antidumping Duty Administrative                    7227.20.0000, 7227.20.0010,
     FTZ activity would be limited to the                    Review; 2016–2017                                     7227.20.0020, 7227.20.0030,
     specific foreign-status materials and                                                                         7227.20.0080, 7227.20.0090,
     components and specific finished                        AGENCY:   Enforcement and Compliance,                 7227.20.0095, 7227.90.6010,
     products described in the submitted                     International Trade Administration,                   7227.90.6020, 7227.90.6030,
     notification (as described below) and                   Department of Commerce.                               7227.90.6035, 7227.90.6050,
     subsequently authorized by the FTZ                      SUMMARY: The Department of Commerce                   7227.90.6051, 7227.90.6053,
     Board.                                                  (Commerce) preliminarily determines                   7227.90.6058, 7227.90.6059,
       Production under FTZ procedures                       that sales of carbon and certain alloy                7227.90.6080, and 7227.90.6085. The
     could exempt LNK from customs duty                      steel wire rod (wire rod) from Mexico                 HTSUS subheadings are provided for
     payments on the foreign-status                          were made at less than normal value                   convenience and customs purposes
     components used in export production.                   during the period of review (POR),                    only; the written product description
     On its domestic sales, for the foreign-                 October 1, 2016, through September 30,                remains dispositive. A full description
     status materials/components noted                       2017. We invite interested parties to
     below, LNK would be able to choose the                  comment on these preliminary results.                 and Ukraine, 67 FR 65945 (October 29, 2002) (Wire
     duty rates during customs entry                                                                               Rod Order).
                                                             DATES: Applicable November 14, 2018.                     2 See Initiation of Antidumping and
     procedures that apply to dosage form
                                                             FOR FURTHER INFORMATION CONTACT:                      Countervailing Duty Administrative Reviews, 82 FR
     ibuprofen, aspirin and acetaminophen                                                                          57705, 57707 (December 7, 2017).
     pharmaceutical products (duty-free).                    Jolanta Lawska, AD/CVD Operations,                       3 See Final Results of Changed Circumstances

     LNK would be able to avoid duty on                      Office III, Enforcement and Compliance,               Review: Antidumping Duty Order on Carbon and
     foreign-status components which                         International Trade Administration,                   Certain Alloy Steel Wire Rod from Mexico, 82 FR
     become scrap/waste. Customs duties                      U.S. Department of Commerce, 1401                     53456 (November 16, 2017) (Final Results of
                                                             Constitution Avenue NW, Washington,                   Changed Circumstances Review), in which
     also could possibly be deferred or                                                                            Commerce determined that AMM is the successor-
     reduced on foreign-status production                    DC 20230; telephone (202) 482–8362.                   in-interest to AMLT.
                                                                                                                      4 See Memorandum, ‘‘Carbon and Certain Alloy
     equipment.                                              Background
                                                                                                                   Steel Wire Rod from Mexico: Extension of Deadline
       The components and materials
                                                               On October 29, 2002 Commerce                        for Preliminary Results of Antidumping Duty
     sourced from abroad include: Ibuprofen                                                                        Administrative Review,’’ dated May 31, 2018.
                                                             published the Wire Rod Order in the
     active pharmaceutical ingredient; o-                                                                             5 See ‘‘Decision Memorandum for the Preliminary
                                                             Federal Register.1 On December 7,                     Results of Antidumping Duty Administrative
     acetylsalicylic acid (aspirin) active
                                                                                                                   Review: Carbon and Certain Alloy Steel Wire Rod
     pharmaceutical ingredient;                                1 See Notice of Antidumping Duty Orders: Carbon     from Mexico; 2016–2017,’’ dated concurrently and
     diphenhydramine citrate;                                and Certain Alloy Steel Wire Rod from Brazil,         hereby adopted by this notice (Preliminary Decision
     acetaminophen active pharmaceutical                     Indonesia, Mexico, Moldova, Trinidad and Tobago,      Memorandum).



VerDate Sep<11>2014   18:29 Nov 13, 2018   Jkt 247001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\14NON1.SGM   14NON1


                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                      56801

     of the scope of the Wire Rod Order is                   export price were calculated in                       assess antidumping duties on all
     contained in the Preliminary Decision                   accordance with section 772 of the Act.               appropriate entries covered by this
     Memorandum.                                             Normal value was calculated in                        review when the importer- specific
                                                             accordance with section 773 of the Act.               assessment rate calculated in the final
     Preliminary Determination of No
                                                             For a full description of the                         results of this review is above de
     Shipments
                                                             methodology underlying our                            minimis (i.e., 0.5 percent). Where either
        On December 12, 2017, we received a                  conclusions, see the Preliminary                      the respondent’s weighted-average
     timely-filed submission on behalf of                    Decision Memorandum. The                              dumping margin is zero or de minimis,
     AMM and its predecessor-in-interest                     Preliminary Decision Memorandum is a                  or an importer-specific assessment rate
     AMLT that AMM/AMLT made no                              public document and is on file                        is zero or de minimis, we will instruct
     exports, sales, or entries of subject                   electronically via Enforcement and                    CBP to liquidate the appropriate entries
     merchandise to the United States during                 Compliance’s Antidumping and                          without regard to antidumping duties.
     the POR. To confirm AMM’s no                            Countervailing Duty Centralized                       The final results of this review shall be
     shipment claim, Commerce issued a no-                   Electronic Service System (ACCESS).                   the basis for the assessment of
     shipment inquiry to U.S. Customs and                    ACCESS is available to registered users               antidumping duties on entries of
     Border Protection (CBP) requesting that                 at https://access.trade.gov and is                    merchandise covered by the final results
     it confirm AMM/AMLT had no                              available to all parties in the Central               of this review where applicable.
     shipments during the POR. CBP did not                   Records Unit, Room B8024 of the main                     In accordance with Commerce’s
     report that it had any information to                   Department of Commerce building. In                   ‘‘automatic assessment’’ practice, for
     contradict the claim of no shipments                    addition, a complete version of the                   entries of subject merchandise during
     during the POR.                                         Preliminary Decision Memorandum can                   the POR produced by each respondent
        Given that AMM certified that AMM/                   be accessed directly on the internet at               for which they did not know that their
     AMLT made no shipments of subject                       http://enforcement.trade.gov/frn/                     merchandise was destined for the
     merchandise to the United States during                 index.html. The signed Preliminary                    United States, we will instruct CBP to
     the POR, and there is no information                    Decision Memorandum and the                           liquidate entries not reviewed at the all-
     calling its claims into question, we                    electronic version of the Preliminary                 others rate of 20.11 percent 8 if there is
     preliminarily determine that AMM/                       Decision Memorandum are identical in                  no rate for the intermediate
     AMLT did not have any shipments                         content. A list of topics discussed in the            company(ies) involved in the
     during the POR. Consistent with                         Preliminary Decision Memorandum is                    transaction. We intend to issue
     Commerce’s practice, we will not                        attached as an Appendix to this notice.               instructions to CBP 15 days after
     rescind the review with respect to                                                                            publication of the final results of this
                                                             Preliminary Results of the Review                     review.
     AMM/AMLT but, rather, will complete
     the review and issue instructions to CBP                  As a result of this review, we
                                                             preliminarily determine the following                    Cash Deposit Requirements
     based on the final results.6
                                                             weighted-average dumping margins                            The following cash deposit
     Application of Adverse Facts Available                  exist for the POR:                                       requirements will be effective upon
     With Regard to Ternium                                                                                           publication of the notice of final results
       Because Ternium failed to response to                                                               Weighted- of administrative review for all
     Commerce’s questionnaire, we                                                                           average   shipments of wire rod from Mexico
                                                                      Exporter/producer                    dumping
     preliminarily find that necessary                                                                      margins   entered, or withdrawn from warehouse,
     information is not on the record and                                                                  (percent)  for consumption on or after the date of
     that Ternium failed to cooperate to the                                                                          publication of the final results, as
     best of its ability to comply with a                    Deacero S.A.P.I de C.V .............               17.65 provided by section 751(a)(2) of the Act:
     request for information from Commerce                   Ternium Mexico S.A. de C.V                               (1) The cash deposit rate for the firms
     in this review. As a result, we have                      (Ternium) .................................      40.52 listed above will be equal to the
     preliminarily based Ternium’s dumping                                                                            dumping margins established in the
     margin on facts otherwise available with                Assessment Rates                                         final results of this review, except if the
     an adverse inference (AFA), in                             Upon issuance of the final results,                   ultimate rates are de minimis within the
     accordance with sections 776(a) and (b)                 Commerce shall determine, and CBP                        meaning of 19 CFR 351.106(c)(1), in
     of the Act and 19 CFR 351.308. As AFA,                  shall assess, antidumping duties on all                  which case the cash deposit rates will
     we have preliminarily assigned Ternium                  appropriate entries covered by this                      be zero; (2) for merchandise exported by
     a dumping margin of 40.52 percent. For                  review. If the weighted-average                          producers or exporters not covered in
     further discussion, see the Preliminary                 dumping margin for Deacero is not zero this administrative review but covered
     Decision Memorandum.                                    or de minimis (i.e., less than 0.5                       in a prior segment of the proceeding, the
                                                             percent), we will calculate importer-                    cash deposit rate will continue to be the
     Methodology                                                                                                      company-specific rate published for the
                                                             specific ad valorem antidumping duty
       Commerce is conducting this review                    assessment rates based on the ratio of                   most recently completed segment of this
     in accordance with section 751(a)(1)(B)                 the total amount of dumping calculated                   proceeding in which the producer or
     of the Act. Export and constructed                      for the importer’s examined sales to the                 exporter participated; (3) if the exporter
                                                             total entered value of those same sales                  is not a firm covered in this review, a
       6 See, e.g., Certain Frozen Warmwater Shrimp
                                                             in accordance with 19 CFR                                prior review, or the original less-than-
     from Thailand; Preliminary Results of Antidumping                                                                fair-value investigation but the producer
     Duty Administrative Review, Partial Rescission of
                                                             351.212(b)(1).7 We will instruct CBP to
     Review, Preliminary Determination of No                                                                          is, the cash deposit rate will be the rate
     Shipments; 2012–2013, 79 FR 15951, 15952 (March           7 In the preliminary results, Commerce applied         established for the most recently
     24, 2014), unchanged in Certain Frozen Warmwater        the assessment rate calculation method adopted in        completed segment of the proceeding
     Shrimp from Thailand: Final Results of                  Antidumping Proceedings: Calculation of the              for the producer of the merchandise;
     Antidumping Duty Administrative Review, Final           Weighted-Average Dumping Margin and
     Determination of No Shipments, and Partial              Assessment Rate in Certain Antidumping                   and (4) the cash deposit rate for all other
     Rescission of Review; 2012–2013, 79 FR, at 51306–       Proceedings; Final Modification, 77 FR 8101
     51307 (August 28, 2014).                                (February 14, 2012).                                    8 See   Wire Rod Order, 67 FR at 65947.



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     56802                   Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     producers or exporters will continue to                 Notification to Importers                             DEPARTMENT OF COMMERCE
     be 20.11 percent, the all-others rate
     established in the antidumping duty                       This notice also serves as a                        International Trade Administration
     investigation.9 These cash deposit                      preliminary reminder to importers of
                                                             their responsibility under 19 CFR                     [A–821–802]
     requirements, when imposed, shall
     remain in effect until further notice.                  351.402(f)(2) to file a certificate
                                                                                                                   Agreement Suspending the
                                                             regarding the reimbursement of                        Antidumping Duty Investigation on
     Disclosure                                              antidumping duties prior to liquidation               Uranium From the Russian Federation:
       We intend to disclose the calculations                of the relevant entries during this                   Preliminary Results of 2016–2017
     performed in these preliminary results                  review period. Failure to comply with                 Administrative Review and
     to parties in this proceeding within five               this requirement could result in                      Postponement of Final Results
     days of the date of publication of this                 Commerce’s presumption that
                                                             reimbursement of antidumping duties                   AGENCY:  Enforcement and Compliance,
     notice.10
                                                             occurred and the subsequent assessment                International Trade Administration,
     Public Comment                                          of doubled antidumping duties.                        Department of Commerce.
                                                                                                                   SUMMARY: The Department of Commerce
        Pursuant to 19 CFR 351.309(c)(1)(ii),                Notification to Interested Parties                    (Commerce) is conducting an
     interested parties may submit case briefs                                                                     administrative review of the Agreement
     not later than 30 days after the date of                  We are issuing and publishing these
                                                             results in accordance with sections                   Suspending the Antidumping Duty
     publication of this notice. Rebuttal                                                                          Investigation on Uranium from the
     briefs, limited to issues raised in the                 751(a)(1) and 777(i)(1) of the Act, and 19
                                                                                                                   Russian Federation (the Agreement). We
     case briefs, may be filed no later than                 CFR 351.213(h)(1).
                                                                                                                   preliminarily find that the State Atomic
     five days after the date for filing case                  Dated: November 5, 2018.                            Energy Corporation ‘‘ROSATOM’’
     briefs.11 Parties who submit case briefs                Gary Taverman,                                        (ROSATOM), its affiliates Joint Stock
     or rebuttal briefs in this proceeding are                                                                     Company ‘‘TENEX’’ (TENEX) and
                                                             Deputy Assistant Secretary for Antidumping
     encouraged to submit with each                                                                                TENAM Corporation (TENAM), and
                                                             and Countervailing Duty Operations,
     argument: (1) A statement of the issue;                                                                       TENEX’s unaffiliated reseller, Centrus
                                                             performing the non-exclusive functions and
     (2) a brief summary of the argument;                    duties of the Assistant Secretary for                 Energy Corp. and United States
     and (3) a table of authorities.12 All briefs            Enforcement and Compliance.                           Enrichment Corporation (collectively,
     must be filed electronically using                                                                            Centrus), are in compliance with the
     ACCESS. An electronically filed                         Appendix                                              Agreement.
     document must be received successfully                  List of Topics Discussed in the Preliminary
     in its entirety by the established                                                                            DATES:   Applicable November 14, 2018.
                                                             Decision Memorandum
     deadline.                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                             I. Summary                                            Sally C. Gannon or Jill Buckles,
        Pursuant to 19 CFR 351.310(c),                       II. Background                                        Enforcement and Compliance,
     interested parties who wish to request a                III. Scope of the Order                               International Trade Administration,
     hearing, limited to issues raised in the                IV. Preliminary Determination of No                   U.S. Department of Commerce, 1401
     case and rebuttal briefs, must submit a                       Shipments                                       Constitution Avenue NW, Washington,
     written request to the Assistant                        V. Use of Adverse Facts Available                     DC 20230; telephone: (202) 482–0162 or
     Secretary for Enforcement and                              A. Legal Standard for Facts Available and
                                                                                                                   (202) 482–6230, respectively.
     Compliance, within 30 days after the                          Adverse Inferences
     date of publication of this notice.                        B. Application of Total AFA to Ternium             SUPPLEMENTARY INFORMATION:
     Requests should contain: (1) The party’s                   C. Selection of the AFA Margin Assigned            Background
     name, address, and telephone number;                          to Ternium
                                                             VI. Discussion of the Methodology                        On October 16, 1992, Commerce
     (2) the number of participants; and (3)
                                                                A. Comparisons to Normal Value                     signed an agreement with the Russian
     a list of issues to be discussed. If a
                                                                B. Product Comparisons                             Federation’s Ministry for Atomic Energy
     request for a hearing is made, Commerce
                                                                C. Date of Sale                                    (MINATOM), the predecessor to
     intends to hold the hearing at the U.S.
                                                                D. Constructed Export Price                        ROSATOM, under section 734(l) of the
     Department of Commerce, 1401
                                                                E. Normal Value                                    Tariff Act of 1930, as amended (the Act),
     Constitution Avenue NW, Washington,
                                                                F. Level of Trade                                  suspending the antidumping duty
     DC 20230, at a time and date to be
                                                                G. Sales to Affiliated Parties                     investigation on uranium from the
     determined. Parties should confirm by
                                                                H. Calculation of Normal Value Based on            Russian Federation.1 There have been
     telephone the date, time, and location of
                                                                   Comparison Market Prices                        five amendments to the Agreement, the
     the hearing two days before the
                                                                I. Currency Conversion                             most recent of which was signed on
     scheduled date.
                                                             VII. Recommendation                                   February 1, 2008.2 Section 8118 of the
        We intend to issue the final results of
                                                             [FR Doc. 2018–24801 Filed 11–13–18; 8:45 am]
     this administrative review, including                                                                           1 See Antidumping; Uranium from Kazakhstan,

     the results of our analysis of the issues               BILLING CODE 3510–DS–P                                Kyrgyzstan, Russia, Tajikistan, Ukraine, and
     raised in any written briefs, not later                                                                       Uzbekistan; Suspension of Investigations and
                                                                                                                   Amendment of Preliminary Determinations, 57 FR
     than 120 days after the date of                                                                               49220, 49235 (October 30, 1992) (1992 Suspension
     publication of this notice, pursuant to                                                                       Agreement).
     section 751(a)(3)(A) of the Act.                                                                                2 See Amendment to Agreement Suspending the

                                                                                                                   Antidumping Investigation on Uranium from the
       9 Id.
                                                                                                                   Russian Federation, 59 FR 15373 (April 1, 1994)
                                                                                                                   (1994 Amendment); Amendments to the Agreement
       10 See 19 CFR 351.224(b).                                                                                   Suspending the Antidumping Investigation on
       11 See 19 CFR 351.309(d).                                                                                   Uranium from the Russian Federation, 61 FR 56665
       12 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR                                                           (November 4, 1996) (1996 Amendments);
     351.303 (for general filing requirements).                                                                    Amendment to Agreement Suspending the



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Document Created: 2018-11-14 03:31:39
Document Modified: 2018-11-14 03:31:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 14, 2018.
ContactJolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-8362.
FR Citation83 FR 56800 

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